49 U.S. Code § 31104 - Availability of amounts

(a)In General.—Subject to subsection (f), there are authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to carry out section 31102—

(1)

$188,480,000 for fiscal year 2005;

(2)

$188,000,000 for fiscal year 2006;

(3)

$197,000,000 for fiscal year 2007;

(4)

$202,000,000 for fiscal year 2008;

(5)

$209,000,000 for fiscal year 2009;

(6)

$209,000,000 for fiscal year 2010;

(7)

$209,000,000 for fiscal year 2011;

(8)

$215,000,000 for fiscal year 2013;

(9)

$218,000,000 for fiscal year 2014;

(10)

$218,000,000 for fiscal year 2015; and

(11)

$218,000,000 for fiscal year 2016.

(b)Availability and Reallocation of Amounts.—

Amounts made available under subsection (a) of this section remain available until expended. Allocations to a State remain available for expenditure in the State for the fiscal year in which they are allocated and for the next fiscal year. Amounts not expended by a State during those 2 fiscal years are released to the Secretary for reallocation.

(c)Reimbursement for Government’s Share of Costs.—

Amounts made available under subsection (a) of this section shall be used to reimburse States proportionately for the United States Government’s share of costs incurred.

(d)Grants as Contractual Obligations.—

Approval by the Secretary of a grant to a State under section 31102 of this title is a contractual obligation of the Government for payment of the Government’s share of costs incurred by the State in developing, implementing, or developing and implementing programs to enforce commercial motor vehicle regulations, standards, and orders.

(e)Deduction for Administrative Expenses.—

On October 1 of each fiscal year or as soon after that date as practicable, the Secretary may deduct, from amounts made available under subsection (a) of this section for that fiscal year, not more than 1.25 percent of those amounts for administrative expenses incurred in carrying out section 31102 of this title in that fiscal year. The Secretary shall use at least 75 percent of those deducted amounts to train non-Government employees and to develop related training materials in carrying out section 31102.

(f)Allocation Criteria and Eligibility.—

On October 1 of each fiscal year or as soon after that date as practicable and after making the deduction under subsection (e), the Secretary shall allocate amounts made available to carry out section 31102 for such fiscal year among the States with plans approved under section 31102. Such allocation shall be made under such criteria as the Secretary prescribes by regulation.

(g)Payment to States for Costs.—

Each State shall submit vouchers for costs the State incurs under this section and section 31102 of this title. The Secretary shall pay the State an amount not more than the Government share of costs incurred as of the date of the vouchers.

(h)Intrastate Compatibility.—

The Secretary shall prescribe regulations specifying tolerance guidelines and standards for ensuring compatibility of intrastate commercial motor vehicle safety laws and regulations with Government motor carrier safety regulations to be enforced under section 31102(a) of this title. To the extent practicable, the guidelines and standards shall allow for maximum flexibility while ensuring the degree of uniformity that will not diminish transportation safety. In reviewing State plans and allocating amounts or making grants under section 153 of title 23, the Secretary shall ensure that the guidelines and standards are applied uniformly.

(i) Availability of Funds; Contract Authority.—

(1)Period of availability.—

The amounts made available under this section shall remain available until expended.

(2)Initial date of availability.—

Authorizations from the Highway Trust Fund (other than the Mass Transit Account) by this section shall be available for obligation on the date of their apportionment or allocation or on October 1 of the fiscal year for which they are authorized, whichever occurs first.

(3)Contract authority.—

Approval by the Secretary of a grant with funds made available under this section imposes upon the United States a contractual obligation for payment of the Government’s share of costs incurred in carrying out the objectives of the grant.

(j) High-Priority Activities.—

(1)Criteria.—

The Secretary shall establish safety performance criteria to be used to distribute high priority program funds under this subsection.

(2)Set aside.—

The Secretary may set aside from amounts made available by subsection (a) up to $15,000,000 for each of fiscal years 2006 through 2016 for States, local governments, and organizations representing government agencies or officials described in paragraph (3) for carrying out high priority activities and projects that improve commercial motor vehicle safety and compliance with commercial motor vehicle safety regulations (including activities and projects that are national in scope), increase public awareness and education, demonstrate new technologies, and reduce the number and rate of accidents involving commercial motor vehicles.

(3)Description of recipients.—

Amounts set aside under this subsection shall be allocated by the Secretary only to State agencies, local governments, and organizations representing government agencies or officials that use and train qualified officers and employees in coordination with State motor vehicle safety agencies.

(4)Limitation.—

At least 90 percent of the amounts set aside for a fiscal year under this subsection shall be awarded in grants to State agencies and local government agencies.

(b) Reimbursement and Payment to Recipients for Government Share of Costs.—

(1) In general.—Amounts made available under subsection (a) shall be used to reimburse financial assistance recipients proportionally for the Federal Government’s share of the costs incurred.

(2) Reimbursement amounts.—The Secretary shall reimburse a recipient, in accordance with a financial assistance agreement made under section 31102, 31103, or 31313, an amount that is at least 85 percent of the costs incurred by the recipient in a fiscal year in developing and implementing programs under such sections. The Secretary shall pay the recipient an amount not more than the Federal Government share of the total costs approved by the Federal Government in the financial assistance agreement. The Secretary shall include a recipient’s in-kind contributions in determining the reimbursement.

(c) Deductions for Partner Training and Program Support.—On October 1 of each fiscal year, or as soon after that date as practicable, the Secretary may deduct from amounts made available under paragraphs (1), (2), and (4) of subsection (a) for that fiscal year not more than 1.50 percent of those amounts for partner training and program support in that fiscal year. The Secretary shall use at least 75 percent of those deducted amounts to train non-Federal Government employees and to develop related training materials in carrying out such programs.

(d) Grants and Cooperative Agreements as Contractual Obligations.—The approval of a financial assistance agreement by the Secretary under section 31102, 31103, or 31313 is a contractual obligation of the Federal Government for payment of the Federal Government’s share of costs in carrying out the provisions of the grant or cooperative agreement.

(e) Eligible Activities.—The Secretary shall establish criteria for eligible activities to be funded with financial assistance agreements under this section and publish those criteria in a notice of funding availability before the financial assistance program application period.

(f) Period of Availability of Financial Assistance Agreement Funds for Recipient Expenditures.—The period of availability for a recipient to expend funds under a grant or cooperative agreement authorized under subsection (a) is as follows:

(1) For grants made for carrying out section 31102, other than section 31102(l), for the fiscal year in which the Secretary approves the financial assistance agreement and for the next fiscal year.

(2) For grants made or cooperative agreements entered into for carrying out section 31102(l)(2), for the fiscal year in which the Secretary approves the financial assistance agreement and for the next 2 fiscal years.

(3) For grants made for carrying out section 31102(l)(3), for the fiscal year in which the Secretary approves the financial assistance agreement and for the next 4 fiscal years.

(4) For grants made for carrying out section 31103, for the fiscal year in which the Secretary approves the financial assistance agreement and for the next fiscal year.

(5) For grants made or cooperative agreements entered into for carrying out section 31313, for the fiscal year in which the Secretary approves the financial assistance agreement and for the next 4 fiscal years.

(g) Contract Authority; Initial Date of Availability.—Amounts authorized from the Highway Trust Fund (other than the Mass Transit Account) by this section shall be available for obligation on the date of their apportionment or allocation or on October 1 of the fiscal year for which they are authorized, whichever occurs first.

(h) Availability of Funding.—Amounts made available under this section shall remain available until expended.

(i) Reallocation.—Amounts not expended by a recipient during the period of availability shall be released back to the Secretary for reallocation for any purpose under section 31102, 31103, or 31313 or this section to ensure, to the maximum extent possible, that all such amounts are obligated.

In subsection (a), the text of 49 App.:2304(a)(1) and the references to fiscal years ending September 30, 1987–1992, are omitted as obsolete.

In subsection (b), the text of 49 App.:2304(e) is omitted as superseded by 49 App.:2304(c) restated by section 4002(f) of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102–240, 105 Stat. 2142) and restated in this subsection.

In subsection (b)(2), the words “Amounts made available under section 404(a)(2) of the Surface Transportation Assistance Act of 1982 before October 1, 1991” are substituted for “Funds made available under this subchapter” for clarity and because of the restatement.

In subsection (c), the words “Funds authorized to be appropriated” are omitted because of the omission of 49 App.:2304(a)(1) as obsolete.

In subsection (e), the words “for administrative expenses incurred in carrying out section 31102 of this title” are substituted for “for administration of this section” for clarity and consistency with the source provisions restated in this section and section 31102 of the revised title.

In subsection (i), before clause (1), the words “Not later than 6 months after December 18, 1991” are omitted as obsolete. The words “for grants under section 31102(a) of this title” are substituted for “under the motor carrier safety assistance program” for clarity and because of the restatement. The words “In prescribing those regulations” are substituted for “In conducting such a revision” because of the restatement.

In subsection (j), the words “Not later than 9 months after December 18, 1991” are omitted as obsolete. The word “final” is omitted as unnecessary. The words “regulations to be enforced under section 31102(a) of this title” are substituted for “under the motor carrier safety assistance program” for clarity and because of the restatement.

Pub. L. 114–41, § 1102(a)(2), added par. (10) and struck out former par. (10) which read as follows: “$181,567,123 for the period beginning on October 1, 2014, and ending on July 31, 2015.”

Pub. L. 114–21, § 1102(a), amended par. (10) generally. Prior to amendment, par. (10) read as follows: “$145,134,247 for the period beginning on October 1, 2014, and ending on May 31, 2015.”

Subsec. (a)(11). Pub. L. 114–94, § 5105(a), added par. (11) and struck out former par. (11) which read as follows: “$38,715,847 for the period beginning on October 1, 2015, and ending on December 4, 2015.”

Pub. L. 114–87, § 1102(a), amended par. (11) generally. Prior to amendment, par. (11) read as follows: “$30,377,049 for the period beginning on October 1, 2015, and ending on November 20, 2015.”

Pub. L. 114–73, § 1102(a), amended par. (11) generally. Prior to amendment, par. (11) read as follows: “$17,273,224 for the period beginning on October 1, 2015, and ending on October 29, 2015.”

Subsec. (i). Pub. L. 114–94, § 5103(c)(1), redesignated subsec. (j) as (i) and struck out former subsec. (i) which related to authorization of appropriations for certain administrative expenses of the Federal Motor Carrier Safety Administration. See section 31110 of this title.

Subsec. (i)(1)(J). Pub. L. 114–41, § 1102(b)(2), added subpar. (J) and struck out former subpar. (J) which read as follows: “$215,715,068 for the period beginning on October 1, 2014, and ending on July 31, 2015.”

Pub. L. 114–21, § 1102(b), amended subpar. (J) generally. Prior to amendment, subpar. (J) read as follows: “$172,430,137 for the period beginning on October 1, 2014, and ending on May 31, 2015.”

Subsec. (k)(2). Pub. L. 114–87, § 1102(d), substituted “and up to $2,663,934 for the period beginning on October 1, 2015, and ending on December 4, 2015,” for “and up to $2,090,164 for the period beginning on October 1, 2015, and ending on November 20, 2015,”.

Pub. L. 114–73, § 1102(d), substituted “and up to $2,090,164 for the period beginning on October 1, 2015, and ending on November 20, 2015,” for “and up to $1,188,525 for the period beginning on October 1, 2015, and ending on October 29, 2015,”.

Pub. L. 114–41, § 1102(d), substituted “each of fiscal years 2006 through 2015 and up to $1,188,525 for the period beginning on October 1, 2015, and ending on October 29, 2015,” for “each of fiscal years 2006 through 2014 and up to $12,493,151 for the period beginning on October 1, 2014, and ending on July 31, 2015,”.

Pub. L. 114–21, § 1102(d), substituted “and up to $12,493,151 for the period beginning on October 1, 2014, and ending on July 31, 2015,” for “and up to $9,986,301 for the period beginning on October 1, 2014, and ending on May 31, 2015,”.

Subsec. (k)(2). Pub. L. 112–141, § 32603(d), substituted “2014” for “2011 and $11,250,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,”.

Pub. L. 112–140, §§ 1(c), 202(d), temporarily substituted “2011 and $11,400,000 for the period beginning on October 1, 2011, and ending on July 6, 2012,” for “2011 and $11,250,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,”. See Effective and Termination Dates of 2012 Amendment note below.

Pub. L. 112–102, § 202(d), substituted “2011 and $11,250,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,” for “2011 and $7,500,000 for the period beginning on October 1, 2011, and ending on March 31, 2012,”.

Subsec. (a)(7). Pub. L. 111–322, § 2202(a), substituted “$88,753,000 for the period beginning October 1, 2010, and ending on March 4, 2011.” for “$52,679,000 for the period beginning on October 1, 2010, and ending on December 31, 2010.”

Subsec. (i)(1)(G). Pub. L. 111–322, § 2202(b), substituted “$103,678,000 for the period beginning October 1, 2010, and ending on March 4, 2011.” for “$61,036,000 for the period beginning on October 1, 2010, and ending on December 31, 2010.”

Subsec. (k)(2). Pub. L. 111–322, § 2202(d), substituted “2010 and $6,370,000 for the period beginning October 1, 2010, and ending on March 4, 2011” for “2009, $15,000,000 for fiscal year 2010, and $3,781,000 for the period beginning on October 1, 2010, and ending on December 31, 2010”.

Pub. L. 111–147, § 422(d), substituted “2009, $15,000,000 for fiscal year 2010, and $3,781,000 for the period beginning on October 1, 2010, and ending on December 31, 2010” for “2009”.

2005—Subsec. (a). Pub. L. 109–59, § 4101(a), reenacted heading without change and amended text of subsec. (a) generally. Prior to amendment, text contained pars. (1) to (8) making amounts available from the Highway Trust Fund (other than the Mass Transit Account) for the Secretary of Transportation to incur obligations to carry out section 31102 for fiscal years 1998 to 2004 and part of 2005.

Subsec. (a)(8). Pub. L. 109–40 amended par. (8) generally. Prior to amendment, par. (8) read as follows: “Not more than $138,904,110 for the period of October 1, 2004, through July 27, 2005.”

Pub. L. 109–37 amended par. (8) generally. Prior to amendment, par. (8) read as follows: “Not more than $136,589,041 for the period of October 1, 2004, through July 21, 2005.”

Pub. L. 109–35 amended par. (8) generally. Prior to amendment, par. (8) read as follows: “Not more than $135,200,000 for the period of October 1, 2004, through July 19, 2005.”

Pub. L. 109–20 amended par. (8) generally. Prior to amendment, par. (8) read as follows: “Not more than $126,402,740 for the period of October 1, 2004, through June 30, 2005.”

Pub. L. 109–14 amended par. (8) generally. Prior to amendment, par. (8) read as follows: “Not more than $112,512,329 for the period of October 1, 2004, through May 31, 2005.”

1998—Subsec. (a). Pub. L. 105–178, § 4003(e), amended heading and text of subsec. (a) generally, substituting provisions relating to appropriations for fiscal years 1998 to 2003 for provisions relating to appropriations for fiscal years ending Sept. 30, 1993 to 1997 and for period of Oct. 1, 1997 through Mar. 31, 1998.

Subsec. (b). Pub. L. 105–178, § 4003(f), struck out par. (1) designation and par. (2) which read as follows: “Amounts made available under section 404(a)(2) of the Surface Transportation Assistance Act of 1982 before October 1, 1991, that are not obligated on October 1, 1992, are available for reallocation and obligation under paragraph (1) of this subsection.”

Subsec. (f). Pub. L. 105–178, § 4003(g)(1), added subsec. (f) and struck out heading and text of former subsec. (f). Text read as follows: “On October 1 of each fiscal year or as soon after that date as practicable, the Secretary, after making the deduction described in subsection (e) of this section, shall allocate under criteria the Secretary establishes the amounts available for that fiscal year among the States with plans approved under section 31102 of this title. However, the Secretary may designate specific eligible States among which to allocate those amounts in allocating amounts available—

“(1) for research, development, and demonstration under subsection (g)(1)(F) of this section; and

“(2) for public education under subsection (g)(1)(G) of this section.”

Subsec. (i). Pub. L. 105–178, § 4003(g)(3), struck out heading and text of subsec. (i). Text read as follows: “The Secretary shall prescribe regulations to develop an improved formula and process for allocating amounts made available for grants under section 31102(a) of this title among States eligible for those amounts. In prescribing those regulations, the Secretary shall—

“(2) place special emphasis on incentives to States that conduct traffic safety enforcement activities that are coupled with motor carrier safety inspections; and

“(3) consider ways to provide incentives to States that increase compatibility of State commercial motor vehicle safety and hazardous material transportation regulations with Government safety regulations and promote other factors intended to promote effectiveness and efficiency the Secretary decides are appropriate.”

“The amount made available to incur obligations to carry out section 31102 of title 49, United States Code, by section 31104(a) of such title for each of fiscal years 2001 through 2003 shall be increased by $65,000,000.”